Millcreek contractor contesting theft charges

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A contractor accused of accepting thousands of dollars in payments for home improvement work that was never performed is challenging three of the cases against him.

Defendant Martin Deniziak and his lawyer, Philip Friedman, appeared Wednesday in Erie County Court to argue that there was not enough evidence to proceed in three of the 23 theft cases. In one case, there is no evidence Deniziak had contact with the customer, Friedman said. In the other two, he said, there is no evidence Deniziak committed a crime.

Friedman said the matter should be pursued civilly, not criminally.

Assistant District Attorney Michael Burns said a jury could look at Deniziak's handling of the deals and determine he intended to deprive the customers of their money.

President Judge Ernest J. DiSantis Jr. said he would rule at a later date.

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MORE ON CRIME: To see more coverage of crime in the Erie area, including Erie County’s Most Wanted and a map of incidents in Erie and Millcreek Township, click here.